Online Registration of Claims to Copyright, 36883-36889 [E7-13194]

Agencies

• Library of Congress
• Copyright Office
• Copyright Office, Library of Congress

[Federal Register Volume 72, Number 129 (Friday, July 6, 2007)]
[Rules and Regulations]
[Pages 36883-36889]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-13194]


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LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 202

[Docket No. RM 2007-7]


Online Registration of Claims to Copyright

AGENCY: Copyright Office, Library of Congress.

ACTION: Interim regulations for online registration.

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SUMMARY: The Copyright Office is undergoing an extensive business 
process reengineering (BPR) initiative of many of its internal work 
systems, including registration and recordation procedural systems, to 
enhance the delivery of its services to the public. The implementation 
of an online registration system is a key component of BPR, and it 
requires that the Office amend its regulations governing the procedures 
by which the public submits, and the Office processes, copyright 
registrations and recordations.
    These interim rules identify the principal changes and upgrades to 
the registration system and announce the amendments to the regulations 
to accommodate online registration. These changes will become effective 
with the commencement of the Beta test phase of the electronic, online 
registration system in July 2007. The Beta test phase will be limited 
to selected participants until system testing is complete, at which 
time the Office will open the electronic registration system to the 
public.

DATES: These interim rules become effective on July 6, 2007. Written 
comments on the interim regulation should be received on or before 
September 4, 2007.

ADDRESSES: If hand delivered by a private party, an original and five 
copies of a comment or reply comment should be brought to the Library 
of Congress, U.S. Copyright Office, Public and Information Office, 101 
Independence Ave., SE., Washington, DC 20559, between 8:30 a.m. and 5 
p.m. The envelope should be addressed as follows: Office of the General 
Counsel, U.S. Copyright Office.
    If delivered by a commercial courier, an original and five copies 
of a comment must be delivered to the Congressional Courier Acceptance 
Site (CCAS) located at 2nd and D Streets, NE., Washington, DC between 
8:30 a.m. and 4 p.m. The envelope should be addressed as follows: 
Office of the General Counsel, U.S. Copyright Office, LM-401, James 
Madison Building, 101 Independence Avenue, SE., Washington, DC. Please 
note that CCAS will not accept delivery by means of overnight delivery 
services such as Federal Express, United Parcel Service or DHL. If sent 
by mail (including overnight delivery using U.S. Postal Service Express 
Mail), an original and five copies of a comment or reply comment should 
be addressed to U.S. Copyright Office, Copyright GC/I&R, P.O. Box 
70400, Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: Tanya Sandros, General Counsel, or 
Nanette Petruzzelli, Special Legal Advisor to the Register for 
Reengineering, Copyright Office, Library of Congress, Washington, DC 
20540. Telephone: (202) 707-8380. Telefax: (202) 707-8366.

SUPPLEMENTARY INFORMATION:

Background

    For well over a century, the Copyright Office has met its statutory 
obligation of registering claims to copyright and recording documents 
pertaining to copyright. 17 U.S.C. 207-210 (1909 Copyright Act, 
repealed 1976), as amended, 17 U.S.C. 205, 408-410 (2005). The 
Copyright Office's internal processes for registering claims have been 
improved and upgraded periodically to take advantage of the emergence 
of new technologies for the purpose of greater efficiency in operating 
an office of record. The Office has issued, on average, more than a 
half-million certificates of registration each fiscal year for the past 
ten years. In fiscal year 2005, the Office received 600,535 claims to 
copyright for more than a million works of authorship of which it 
registered 531,720 claims. See Annual Report of the Register of 
Copyrights, Fiscal Year Ending September 30, 2005, at 9; also available 
on the Copyright Office website at www.copyright.gov.
    Approximately seven years ago, the Copyright Office decided that an 
extensive restructuring of its registration processing was in order to 
address the

[[Page 36884]]

long processing times and mechanical problems with outdated office 
machinery that had come to characterize the registration system. The 
Office's objectives in undertaking reengineering include the following: 
improve the efficiency and timeliness of public services; provide more 
Copyright Office services online; ensure the prompt availability of 
newly created copyright records; provide better internal tracking of 
items within all aspects of the Office's workflow; and increase the 
acquisition of digital works for the Library of Congress.
    In addition to registration, reengineering's scope will ultimately 
extend to all of the Office's IT systems, mandatory deposit submissions 
under section 407 of the copyright law, the recordation of documents 
pertaining to copyrights, vessel hull designs, and mask works, and to 
administrative actions for cable, satellite and other compulsory 
licensing.
    These interim rules, however, lists and explains the changes 
applicable to the electronic copyright registration option and 
announces regulatory amendments to address the changes resulting from 
the adoption of electronic copyright registration procedures. These 
changes will apply to all participants submitting claims 
electronically, including those who take part in the Beta test. Those 
who do not participate in the Beta test will continue to submit paper 
applications under the current regulations. Other changes arising from 
the reengineered processes will be announced in the future in separate 
notices to the public.

Beta testing of electronic registration system

    The Beta test phase of the online registration system component of 
the electronic Copyright Office (``eCO'') will begin in July 2007. The 
Office has chosen to implement its electronic registration procedures 
within a test environment initially in order to ensure the public 
seeking the benefits of online registration of the ease and functional 
accuracy of the new system and to allow the Copyright Office the 
necessary time to optimize all aspects of the new system. Participants 
in the Beta test will be selected based upon a set of criteria designed 
to identify participants with a wide variety of claims and accompanying 
deposit copy materials in all classes of authorship in order to 
determine whether the electronic system can effectively receive and 
process the electronic submissions. See 72 FR 30641 (June 1, 2007).
    The initial phase of the Beta test will cover basic registration 
claims for literary works, visual arts works, performing arts works and 
sound recordings submitted electronically. At a later date, additional 
participants will be added as the system shows its continuing 
reliability, and the Beta test will expand to cover all options for 
submitting applications and additional registration claim types, 
including group registrations, vessel hull designs, mask works, 
renewals, and corrections and amplifications of existing registrations.

The Online Registration Process

    Registration consists, in part, of the statutorily mandated act of 
examining all works submitted for registration. 17 U.S.C. 410(a). The 
examination includes an Office determination of the copyrightability of 
the work as well as a determination that all other legal and formal 
requirements of the statute and regulations have been met with respect 
to all relevant facts surrounding a given work. While these statutory 
activities will not change, the Office is proposing major changes to 
the processes it employs to meet these requirements. Changes are being 
made to the registration application forms; deposit copy requirements 
for works submitted in an electronic format; the certificate of 
registration; the permanent registration record which the Office will 
maintain and make available; and the manner in which the Office will 
communicate with the public concerning registration submissions. These 
changes will be phased in over time after being fully tested.
    The Copyright Office has traditionally communicated with 
registration applicants by phone, letter, or email. Because of the 
change to electronic recordkeeping which the reengineered registration 
system represents, communication with applicants will occur more 
frequently by email because of the ease, the wide availability of the 
email medium, and the speed with which communication can be 
accomplished. Email, however, will not totally replace communication by 
letter or phone.

Options for submitting claims after reengineering

    A registration application may be completed and submitted online or 
by mailing or delivering a completed application form, new Form CO, to 
the Copyright Office. Because the Office expects to accrue savings due 
to the more efficient processing of electronic claims, a lower filing 
fee of $35 has been established for online submissions. The fee for 
filing paper applications will remain $45. Four options will be 
available for registering claims in the reengineered Copyright Office. 
During the initial phase of the Beta test only registration by 
electronic submission (options 1 and 2) will be available. As 
the other options become available, they too will be offered to the 
participants in the Beta test; and once the Beta test is complete, the 
following four options will be made available to the public.
    1. Registration may be made by electronic submission of the claim 
in its entirety. This means that the applicant electronically submits 
the application form via the Copyright Office website, 
www.copyright.gov, concurrently sends electronically the deposit 
materials, and pays the appropriate filing fee electronically, through 
an electronic fund transfer, with a credit card, or through a Copyright 
Office deposit account. This is full electronic submission and the 
filing fee is $35.
    2. Registration may be made by electronically submitting the 
application form and the required filing fee, payment being made as 
described above, and mailing the required deposit materials in 
accordance with the filings requirements set forth in 37 CFR 202.20. 
The registration fee for this option is $35.
    3. Registration may be made by completing a pdf version of the 
application, Form CO, available on the Office's website, 
www.copyright.gov, and printing it out. The completed form includes a 
barcode containing the information that has been entered by the 
applicant and which will facilitate the Office's handling of the claim. 
The completed application form accompanied by the appropriate deposit 
materials and the required $45 filing fee for a nonelectronic 
submission may be submitted to the Office by mail or hand delivered. 
Payment may be made by check, money order or Copyright Office deposit 
account.
    4. Registration may be made by completing a blank application, Form 
CO, from the Office's website, www.copyright.gov, or by requesting a 
blank registration form by phone, facsimile, email, US mail or by 
visiting the Public Information Office. This form is the same as the 
pdf version described above. The applicant may complete the form either 
by typing or printing the required information. The completed 
application form accompanied by the appropriate deposit materials and 
the required $45 filing fee for a nonelectronic submission may be 
submitted to the Office by mail or hand delivered. Payment may be made 
by check, money order or Copyright Office deposit account. Office staff 
will enter

[[Page 36885]]

all applicant-supplied information into the automated registration 
system.
    Applications that are completed by hand or that are typed may take 
longer for processing because the Office staff must transfer the 
information into the automated registration system.

Use of the US Postal Service to deliver claims

    After the electronic registration system is fully tested and 
released to the public, some applicants will continue to submit their 
claims through the mail. To assure that postal mail is routed correctly 
within the Copyright Office, applicants should use the appropriate 4-
digit extension to the zip code and also indicate, by a two-letter 
abbreviation, the general subject matter of the claim. Those who submit 
a Form CA or Form Gatt should also include the appropriate two-letter 
code to identify the class of work. Claims should be addressed to the 
Office in the following manner:
Library of Congress
Copyright Office - xx (two-letter code)
101 Independence Avenue, S.E.
Washington, D.C. 20559-6xxx (four-letter code)

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                               Class of work                                      Two letter code                   4-digit zip code extension
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literary works                                                              TX                           6222
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serials                                                                     SE                           6226
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visual arts works                                                           VA                           6211
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performing artworks, except motion pictures                                 PA                           6233
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sound recordings                                                            SR                           6237
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motion pictures                                                             MP                           6238
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renewal claims                                                              RE                           6239
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document recordations                                                       DOC                          6216
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mask works                                                                  MW                           6214
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vessel hull designs                                                         VH                           6215
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    Applicants are reminded that all mail addressed to Capitol Hill 
must be screened for security purposes. This required step 
significantly slows the traditional processing times for registration. 
This delay may be avoided by filing claims online. For information on 
walk-in business hours, security procedures, and other services of the 
Copyright Office Public Information Office, see the website at 
www.copyright.gov or phone the Office at 202-707-5959.

Forms

    A. Form CO
    Form CO is the new generic application, appropriate for 
registration of a single work in any of the four classes of authorship 
(literary works, including single serial issues; works of the visual 
arts, including architectural works; works of the performing arts, 
including motion pictures and other audiovisual works; and sound 
recordings). It replaces the current registration application forms, 
Forms TX, VA, PA, SR, and SE, and it too will be made available on the 
Copyright Office website.
    Anyone wishing to register, for example, a book of poems, a 
computer program, a photograph, a map, or a sound recording and the 
song embodied within it, will use the generic registration form. Form 
CO will be available for all classes of authorship and registration 
will be made in the class of the predominant authorship which is the 
same principle the Office now follows. See 37 CFR 202.3(b)(1) and 
(b)(2). The Office will retain the registration class indicators TX 
(literary works), VA (visual arts), PA (performing arts), and SR (sound 
recordings) for this purpose and also as a means of separating records 
within the official registration database.
    Form CO is also the appropriate form for registering a single 
serial issue and multiple works considered to be a single unit under 
Office current regulations, see 37 CFR 202.3(b)(3). For purposes of 
registering these types of works, the paper application form contains a 
dedicated space for the title, and, if the work is a serial issue, the 
title of the serial will be placed there. The electronic form provides 
a similar field and also includes space for the volume/number/issue 
and, if there is one, the ISSN (International Standard Serial Number) 
for the serial of which one issue is being registered.
    Much of the required information on the new application form 
remains the same as the information required on the current forms. See 
17 U.S.C. 409. However, the sequencing of the required information 
appearing in the new form differs from that on the current application 
forms; and there are several newly-appearing pieces of data on the 
generic application. Specifically, Form CO asks for the following 
additional but optional information:
    1. International Standard Serial Number (ISSN) information and the 
International Standard Book Number (ISBN), for monographic works;
    2. Claimant email and telephone number; and
    3. Rights and permission data.
    B. Form CA
    Form CA is an application for supplementary registration to correct 
or augment the information in an already completed registration. The 
additional information does not supersede the information contained in 
the earlier registration. 17 U.S.C. 408(d). The Office will continue to 
use Form CA.
    Supplementary registration within the reengineered Copyright Office 
may be accomplished either by filing electronically the application 
Form CA or by submitting a paper application Form CA. No changes have 
been made to the information required on the form.

[[Page 36886]]

The Office has determined that the required fields in the current 
supplementary registration application are the appropriate fields. 
Thus, except for the format, Form CA will essentially remain the same. 
Form CA has been reformatted to make completion of the form more 
straightforward.
    C. Continuation sheets
    A continuation sheet is an adjunct to Form CO and serves as a form 
to provide additional information. Continuation sheets, as such, will 
not exist in the online electronic form. The online system allows the 
entry of large quantities of continuous, applicant-supplied data within 
given electronic fields on the basic form, making the additional form 
unnecessary.
    However, continuation sheets will still be used in conjunction with 
paper applications. The Office will offer two print continuation sheets 
- CON 1 and CON 2 - for Form CO when used for a single-work. CON 1 is 
the generic continuation sheet which can be used for the continuation 
of almost all information, except multiple titles. CON 1 is appropriate 
for listing additional authors, additional claimants, and additional 
information about the extent of the authorship being claimed. CON 2 
must be used to list multiple titles which are to be covered by a 
single registration.
    When the reengineered registration system is released to the public 
later this year, there will be no additional fee for the listing of 
individual titles. Beginning in calendar year 2008, however, the Office 
expects to require an additional fee, $1 per title for electronic 
submission and $3 per title for paper submission, for listing 
individual titles in which a claim is made. Additionally, the Office 
expects to limit the number of titles permitted on a CON 2. A separate 
Notice of Proposed Rulemaking covering these topics will be published 
in order to gather public comment.

Deposit copies and phonorecords

    A. Best Edition considerations
    Although the Copyright Office is changing its submission procedures 
for the registration of claims to copyright, at this time there is no 
change in the deposit requirements for published works. With respect to 
published works, the registration requirements for deposit copies and 
phonorecords existing in traditional print and physically tangible 
media will remain the same for all works, including those submitted 
electronically during the Beta test. Current deposit regulations, 
including those governing instances of identifying material, may be 
found at 37 CFR 202.20-202.21 and in Appendix B to those regulations, 
the Best Edition Statement. See also Copyright Office Circular 7B at 
www.copyright.gov. Registration of unpublished works may generally be 
made with any deposit materials which the applicant chooses, as long as 
the deposit shows the content/authorship on which copyright is being 
claimed.
    For works published in both hard copy as well as in electronic 
format, the Library's Best Edition statement remains in effect as do 
the Copyright Office's current regulations. Specifically,
    Sec.  202.19(b)(1)(iii)(A) states that when the Office is aware 
that two or more editions of a work have been published, it will 
consult with the Library regarding the `best edition' of the work which 
must be submitted under section 407 demand deposit requirements. The 
copyright law also provides that ``[c]opies or phonorecords deposited 
for the Library of Congress under section 407 may be used to satisfy 
the deposit provisions (of section 408, registration deposit 
materials), if they are accompanied by the prescribed application and 
fee, and by any additional identifying material that the Register may, 
by regulation, require.'' 17 U.S.C. 408(b)(4). With the general 
exception of the category of computer programs, satisfaction of section 
407 demand requirements is tied to deposit materials used in the 
registration process. Generally, a hard copy format of a work for which 
registration is sought is the edition which the Library currently 
requires; that may change in the future.
    If the authorship in a multiple formatted work may be examined for 
registration using an electronic format, that format may, depending on 
the type of work and the collection goals of the Library, be submitted 
for registration purposes, but the obligation to deposit best edition 
hard copy format[s] may remain. See generally 17 U.S.C. 407; 37 CFR 
202.19; Compendium of Copyright Office Practices II, Sec.  Sec.  802-
804.
    B. Electronic file formats
    The Copyright Office is currently concerned with structuring an 
automated system under its reengineering program that will be able to 
receive, maintain, and archive authorship in an electronic file when 
authorship embodied in that file is the subject of copyright 
registration. The Office realizes that no particular digital format is 
universally employed for this purpose and that a myriad of formats have 
evolved to accommodate the differing characteristics regarding the 
digitization of diverse content, e.g., photographs and sound 
recordings.
    Therefore, in order to structure a registration system which will 
facilitate the electronic registration of all works, the Office is 
identifying those digital formats which it anticipates it will be able 
to accommodate within its reengineered registration system. Applicants 
will not be required to use a particular digital format for the 
electronic submission of a work. Format is one of ease for the 
applicant and acceptable formats for registration purposes are listed 
merely as preferences. The following formats are acceptable and appear 
in no particular order:

     .PDF Portable Document Format
     .TXT Plain Text File
     .WPD WordPerfect document
     .DOC Word document
     .TIF Tagged Image File Format
     .JPG Joint Photographic Expert Group Format
     .XML Extensible Markup Language
     .MPEG Motion Picture Experts Group, name given in a 
general sense to a family of standards for the digital fixing of 
audiovisual information in compressed format; this family also 
includes:
     .MP3 M-PEG 1 Audio Layer 3
     .WAV Waveform Audio Format
     .HTML Hyper text markup language, markup language used to 
structure text and multimedia documents and to set up hypertext links.
    Executable files, i.e., those ending in .exe, .com, .bat, etc., 
will not be accepted.
    In cases where identifying material is required or allowed, that 
material may be submitted electronically, provided that all other 
requirements for submitting identifying material are met. A new 
regulation at 37 CFR 202.20(e) on electronic deposit formats required 
for registration will be added to the deposit regulation within the 
coming year, and the Office will seek comment on the proposed 
regulation at that time. As is the current practice, where the Office 
can accept an electronic submission and the content is encrypted or 
compressed, the Office will ask the applicant to provide software and/
or algorithms to enable the required examination of the authorship 
content and to allow for the statutorily required public inspection 
pursuant to 17 U.S.C. 705(b) of such registered works.
    C. Copyright Office use of digital deposit materials
    Deposit materials submitted to the Copyright Office for purposes of 
registration are governed by the provisions of the copyright statute at

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sections 704 and 705 and the regulations governing the allowable extent 
of public inspection and copying of deposit materials found in the 
regulations for the Library and the Office's current regulations. See 
37 CFR 201.2(b).

Certificates of registration

    Since 1978 the Copyright Office has issued certificates of 
registration which include a photocopy of the application form 
submitted by the applicant. The certificate reflects the application as 
it may have been amended, and as it was approved, by the copyright 
examiner.
    In the new registration system, the Office will issue certificates 
of registration containing information supplied by the applicant 
concerning the work being registered but which are not identical copies 
of the completed, examined, and approved application. These system-
generated certificates will carry a certification which states that the 
party who signed the application certifies that the information 
provided is correct to the best of his knowledge. That party will have 
indicated that he falls within one of the categories of such signing 
party, i.e., author, claimant, owner of exclusive rights, authorized 
agent of one of these parties, but the form does not require the party 
to indicate the particular status. This change addresses the frequent 
confusion on the part of applicants and the correspondence that such 
confusion has necessitated. The certifying date will automatically be 
added to the certificate, and it will be the date the Office 
electronically receives initially an acceptable application. The 
interim regulatory provisions amending 37 CFR 202.3(c) will govern use 
of Form CO.
    Parties submitting registration applications in the traditional 
paper format on or after July 2, 2007, and who are not part of the Beta 
test or the motion picture pilot, see 70 FR 3231 (January 21, 2005), 
will continue to receive certificates generated from a photocopied 
image of the originally submitted application. However, in the case 
where the Office processes a paper application electronically, 
certificates generated by the new system will be issued.

The registration record

    Section 705(a) of the copyright law requires the Register to 
maintain records of ``deposits, registrations, recordations, and other 
actions.'' Section 705(b) requires that ``such records and indexes as 
well as the articles deposited in connection with completed copyright 
registrations and retained under the control of the Copyright Office, 
shall be open to public inspection.'' The purpose of the registration 
record is to create records that reflect the facts and information 
surrounding the copyright claim. As part of its reengineering efforts, 
the Copyright Office conducted a review and study of its registration 
records created through the years to determine how the registration 
records might be improved to provide an accurate summary of a claim to 
copyright in a particular work.
    The new registration record will contain the information which the 
applicant provides the Office and, in some cases, limited additional 
information taken from the deposit materials which the registration 
specialist determines to be necessary in order to further identify the 
work. The Office's goal is to produce a permanent registration record, 
clear and unambiguous on its face, which readily reflects, and 
distinguishes between, facts supplied to the Office by the applicant 
and information, if any, taken from deposit materials.
    The first part of the record will contain only the copyright facts 
as supplied by the applicant. All information provided by the applicant 
on the application form will be taken verbatim. Any substantive editing 
of authorship and/or new matter statements and/or material excluded 
from claim statements, will be done only after contacting the applicant 
for permission to amend the information. The second part of the record 
will contain additional information taken from the deposit materials to 
assist the public in identifying the work.
    The registration records will also include for the first time the 
following additional information, where applicable, for the purpose of 
creating a more complete and useful record.
     transfer statements of copyright from the author to 
another party;
     the postal address of the claimant;
     an indication of the specific authorship description for a 
work; and
     specific information to indicate the type of material 
being excluded from the claim to copyright as well as the new material 
on which the claim is based.
    In addition, the following information will be included in the 
registration record, if provided:
     the name, or title, and address of the person authorized 
to provide rights and permission to use the work, if authorized;
     the email and/or phone number of the rights and permission 
party if authorized by the claimant;
     the claimant's email address and phone number, if 
authorized; and
     a PREregistration\1\ number where a preregistration has 
occurred prior to actual registration of a work.
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    \1\ Preregistration is a procedure administered by the Copyright 
Office which permits a `pre' registration for a work that is being 
prepared for commercial distribution and has not been published. 17 
U.S.C. 408(f)(1). Preregistration serves as a place-holder for 
limited purposes--specifically where a copyright owner wishes to 
facilitate the bringing of an infringement action while a work is 
still in the process of being prepared for commercial release. See 
Family Entertainment and Copyright Act, Pub. L. No. 109-9, 119 Stat. 
218, signed into law April 27, 2005. The procedure is available only 
for certain categories of works which the Register has determined 
are eligible because of their prior infringement history. See 
information and regulations governing preregistration, 37 C.F.R. 
202.16, at the Office's website, www.copyright.gov/prereg.
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    Some claims to registration which are not submitted as part of the 
Beta test will be processed for inclusion in the permanent Office 
records in the traditional manner. These registration records will 
reflect the current records structure. Other records of registrations, 
including some submitted in traditional print format and all those 
completed as part of the Beta test will, on the other hand, reflect the 
revised public record principles described above.
    Keyword searching. An important aspect of the new registration 
record will be the restructured search feature based on keywords. 
Keyword searches are those which utilize any interior word within a 
string of words or a phrase as opposed to using only the first, left-
margin word of a name, title, or phrase. The new system will be able to 
locate a registration record using such interior words. Keyword 
searching will become available once the database has been switched 
from the COPICS system to the Voyager system.

Inspection of records

    Completed registration records, including correspondence between 
the applicant and Office, will be available for inspection and copying, 
under the provisions of current Office regulations. See 37 CFR 201.2.

Adoption of interim regulations

    Section 553(b)(3)(A) of the Administrative Procedure Act states 
that general notice of proposed rulemaking is not required for rules of 
agency organization, procedure, or practice. Since the Office finds 
that the following interim regulations are rules of agency 
organization, procedure, or practice, no notice of proposed rulemaking 
is required. Moreover, because it is necessary to have such a 
regulation in place immediately for purposes of the Beta test of the 
electronic registration system which is commencing

[[Page 36888]]

concurrently with publication of these regulations, the Register of 
Copyrights finds that good cause exists for publication of these 
interim regulations less than 30 days before the effective date and 
without first seeking public comment. However, the Office is 
encouraging interested parties to comment on the interim regulations. 
All comments should be submitted no later than September 4, 2007.

List of Subjects in 37 CFR Part 202

    Claims, Copyright, Registration requirements.

Interim Rule

0
In consideration of the foregoing, the Copyright Office amends part 202 
of 37 CFR, in the manner set forth below:

PART 202 -- REGISTRATION OF CLAIMS TO COPYRIGHT

0
1. The authority citation for part 202 continues to read as follows:

    Authority: 17 U.S.C. 702.
0
2. Section 202.3 is amended as follows:
0
a. By redesignating the text of paragraph (b)(2) as (b)(2)(i);
0
b. By adding paragraph (b)(2)(ii);
0
c. By redesignating paragraphs (b)(3) through (10) as (b)(4) through 
(11);
0
d. By adding a paragraph (b)(3); and
0
e. By revising paragraph (c)(2).
    The revisions and additions to Sec.  202.3 read as follows:

Sec.  202.3 Registration of copyright.

    (b) * * *
    (2) * * *
    (ii) For purposes of registration, the Register of Copyrights has 
prescribed a single form, Form CO, for registering a single work, in 
all subject matter, or for a single serial issue submitted on or after 
July 1, 2007. Form CO may be used in place of Form TX, Form PA, Form 
VA, Form SR, Form SE, and Form SE/Group. Form CO allows the applicant 
to assign a specific registration class of TX (for literary works, 
including single serial issues), PA (works of the performing arts, 
including motion pictures and audiovisual works), SR (sound 
recordings), or VA (works of the visual arts, including architectural 
works). Copies of the generic registration form will be available free 
upon request to the Public Information Office, Library of Congress, 
Copyright Office, 101 Independence Avenue, SE., Washington, DC 20559-
6000. Application for registration using Form CO may be made in any of 
the following four ways:
    (A) electronically, i.e., the submission of an application form 
electronically at the Copyright Office website [www.copyright.gov], 
submission of deposit materials fixed in a digital format, and the 
required filing fee paid online through an electronic fund transfer, 
credit card, or through a Copyright Office deposit account; or
    (B) partially electronically, i.e., the submission of an 
application form electronically at the Copyright Office website 
[www.copyright.gov], submission of deposit materials in physically 
tangible formats separately mailed to the Copyright Office, and the 
required filing fee paid online through an electronic fund transfer, 
credit card, or through a Copyright Office deposit account; or
    (C) by completing a PDF version of the application available on the 
Office`s website [www.copyright.gov], printing the completed form and 
mailing it in the same package with the required deposit copies and/or 
materials and appropriate filing fee in check, money order, or 
Copyright Office deposit account charge; or,
    (D) in hard copy form with respect to all required elements, i.e., 
submission of a completed printed application form, physically tangible 
deposit copies and/or materials, and the required filing fee, all 
elements being placed in the same package and sent by mail or delivered 
to the Copyright Office.
    (3) Continuation sheets. A continuation sheet, CON 1, is 
appropriate only in submissions for which a paper application is used 
and where additional space is needed by the applicant to provide all 
relevant information concerning a claim to copyright. A separate 
continuation sheet, CON 2, must be used to list contents titles, i.e., 
titles of independent works in which copyright is being claimed and 
which appear within a larger work or within a collection of works; 
examples are short stories within a published anthology or individual 
sound recording tracks appearing on a CD. An application may require 
use of both CON 1 and CON 2 sheets.
    (c) * * *
    (2) An application for copyright registration shall be submitted, 
electronically or in printed form, on the appropriate form prescribed 
by the Register of Copyrights under paragraph (b) of this section. All 
completed application forms shall be accompanied by the appropriate 
filing fee, as required in Sec.  201.3(c) of this chapter, and the 
deposit copies and materials required under 17 U.S.C. 408 and Sec.  
202.20. All applications submitted for registration shall supply the 
information required by the particular application and shall include a 
certification. The certification shall consist of:
    (i) A designation that the party signing the print application, or 
submitting the application electronically, falls within an accepted 
status from among the following: author, claimant, an owner of 
exclusive rights, or a duly authorized agent of the author, claimant, 
owner of exclusive rights;
    (ii) For print applications, the handwritten signature of the party 
described in paragraph (c)(2)(i) of this section accompanied by the 
typed or printed name of that party; or, if an electronically submitted 
application, a name provided within the certification screen of the 
electronic application which represents a party described in paragraph 
(c)(2)(i) of this section;
    (iii) A declaration that information provided within the 
application is correct to the best of that party`s knowledge; and,
    (iv) For print applications, the date of completion of the 
application form, with the date (month, day, year) printed, typed, or 
handwritten; or, if an electronically submitted application, the date 
of electronic receipt of the application by the Copyright Office, which 
date shall be provided automatically by the Copyright Office.
0
4. Section 202.12 is amended by revising paragraphs (c)(1) and (c)(2) 
to read as follows:

Sec.  202.12 Restored copyrights.

    (c) Registration.--(1) General. Application, deposit and filing fee 
for registration of a claim in a restored work under section 104A, as 
amended, may be submitted to the Copyright Office on or after January 
1, 1996. The submission may be a completely electronic submission, with 
all required elements transmitted to the Office in electronic form; or, 
the submission may be partially electronic with the application form 
and fee submitted electronically and the deposit materials sent in 
physically tangible format(s). If all elements are submitted in 
physically tangible form, i.e., a completed, printed application form, 
physically tangible deposit copies/materials, and the appropriate 
filing fee in check, money order, or deposit account charge, all 
elements must be placed in the same package and sent to the following 
address: Library of Congress, Copyright Office, 101 Independence 
Avenue, SE., Washington, DC 20559-6000.
    (2) GATT form. Application for registration for single works 
restored to copyright protection under URAA should be made on Form 
GATT. Form GATT may be submitted by completing Form GATT 
electronically, submitting

[[Page 36889]]

the appropriate filing fee electronically, and sending the deposit 
copies and materials required by paragraph (c)(4) of this section by 
postal mail; or by printing Form GATT from the Office`s website, 
sending it with the appropriate filing fee and deposit copies and 
materials required by paragraph (c)(4) of this section in the same 
package by mail; or by obtaining a Form GATT, completing it, and 
sending the appropriate filing fee and the deposit copies and materials 
required by paragraph (c)(4) of this section in the same package by 
mail. A printed Form GATT may be obtained by calling or writing the 
Copyright Office Hotline at 202-707-9100. The GATT deposit materials 
required by paragraph (c)(4) of this section may be submitted for 
examination and registration electronically. Where, however, the 
Library of Congress requests a particular work or its identifying 
material for its collections, the required print deposit materials must 
be submitted.
0
5. Section 202.20 is amended as follows:
0
a. By revising paragraph (b)(1);
0
b. By redesignating paragraphs (b)(2)(iii) through (vi) as (b)(2)(iv) 
through (vii); and
0
c. By adding a new paragraph (b)(2)(iii).
    The revisions and additions to Sec.  202.20 read as follows:

Sec.  202.20 Deposit of copies and phonorecords for copyright 
registration.

    (b) * * *
    (1) The best edition of a work has the meaning set forth in Sec.  
202.19(b)(1). For purposes of this section, if a work is first 
published in both hard copy, i.e., in a physically tangible format, and 
also in an electronic format, the current Library of Congress Best 
Edition Statement requirements pertaining to the hard copy format 
apply.
    (2) * * *
    (iii) Works submitted for registration in digital formats. A 
`complete' electronically filed work is one which is embodied in a 
digital file which contains:
    (A) if the work is unpublished, all authorship elements for which 
registration is sought; and
    (B) if the work is published solely in an electronic format, all 
elements constituting the work in its published form, i.e., the 
complete work as published, including metadata and authorship for which 
registration is not sought. Publication in an electronic only format 
requires submission of the digital file[s] in exact first-publication 
form and content.
    (C) For works submitted electronically, any of the following file 
formats are acceptable for registration: PDF; TXT; WPD; DOC; TIF; SVG; 
JPG; XML; HTML; WAV; and MPEG family of formats, including MP3. This 
list of file formats is non-exhaustive and it may change, or be added 
to periodically. Changes will be noted in the list of acceptable 
formats on the Copyright Office website.
    (D) Contact with the registration applicant may be necessary if the 
Copyright Office cannot access, view, or examine the content of any 
particular digital file that has been submitted for the registration of 
a work. For purposes of section 410(d) of 17 U.S.C., a deposit has not 
been received in the Copyright Office until a copy that can be reviewed 
by the Office is received.
* * * * *

    Dated: June 20, 2007
Marybeth Peters,
Register of Copyrights.
    Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. E7-13194 Filed 7-5-07; 8:45 am]
BILLING CODE 1410-30-S